The High Court has ordered Cleanshelf Supermarket to pay a customer KSh500,000 in damages after finding that the retailer violated her constitutional rights by subjecting her to a humiliating public search over allegations of shoplifting.
According to the court, the customer was physically searched in a public area in full view of other shoppers after she was suspected of stealing merchandise.
The court heard that the search was conducted contrary to Cleanshelf Supermarket’s own Loss Control Policy, which requires that searches of suspected shoplifters be carried out privately to protect the dignity and privacy of customers.
In its judgment, the High Court held that the supermarket’s actions infringed on the customer’s rights to dignity, privacy and consumer protection, noting that suspicion alone does not justify humiliating treatment.
The court found that businesses have a duty to respect the rights of customers while enforcing security measures and must ensure that any searches are conducted lawfully, respectfully and in accordance with their internal procedures.
As a result, the court awarded the customer KSh500,000 in compensation, underscoring that retailers must balance loss prevention efforts with respect for the constitutional rights and dignity of every customer, even where theft is suspected.
